Folks, this incestuous relationship between David Vitter’s campaign and his Super PAC, Fund for Louisiana’s Future (FLF), just keeps getting more and more entangled and you have to wonder how long it’s going to take for the Louisiana Board of Ethics to become involved.
(Before I go any further, I would like to thank yet another sharp-eyed reader who steered me to the latest plot twist with a brief email on Monday morning.)
On Wednesday, Oct. 21, we posted a story about Baton Rouge attorney/lobbyist Jimmy Burland’s email of Oct. 20 “To the Louisiana Lobbyist Community” in which he solicited lobbyists’ attendance (and $5,000 checks) at a string of receptions across the state in the days following Saturday’s primary election.
“We need to raise more than $3 million for the runoff and we hope you will join us in maxing out $5,000 contributions from you and each of your clients,” he wrote, “bundling as much as possible as soon as possible!”
There are more than 800 lobbyists who work the Capitol in Baton Rouge and while some represent a single client, most of them have several clients. So if a lobbyist receiving Burland’s email has, say, five clients, Burland is asking the lobbyist to not only chip in $5,000, but to coerce all five clients into also ponying up the $5,000 maximum, thus allowing the lobbyist to “bundle” a cool $30,000. If any of the clients happens to have a political action committee (PAC), other companies under its corporate umbrella, and the client company’s CEO is married and has children, the $5,000 contributions can increase exponentially.
Pretty soon at that rate, you’re talking about real money—money that gets a politician’s ear when the chips are on the legislative line. Need a bill granting a special tax break for one of your clients? If you bundled several multiples of $5,000 at one of the eight receptions, the governor will see to it that floor leaders in the House and Senate carry the water for you.
But here’s the kicker with Burland’s email (to which our anonymous friend alerted us): “Please make check(s) payable to David Vitter for Louisiana and bring to one of his events or mail to 6048 Marshall Foch St., New Orleans, LA 70124. You may also contact Ms. Courtney Guastella for more information at 504-615-2083 or (email) at courtney@davidvitter.com.” (Bold emphasis Burland’s, italic emphasis ours.) https://louisianavoice.com/2015/10/21/baton-rouge-attorneylobbyist-tries-to-strongarm-lobbyists-on-behalf-of-david-vitter-via-email-for-5000-contributions/
Courtney Guastella is actually Courtney Guastella Callihan, wife of Capital One Bank director Bill Callihan and she is Vitter’s campaign finance director.
But the Callihan’s residence is also the address of the Fund for Louisiana’s Future (FLF), Vitter’s Super PAC.
By law, there is supposed to be an arm’s length relationship between candidate and Super PAC. While communications are allowed, discussions of campaign strategy between the two are strictly forbidden.
And the Justice Department has been increasing scrutiny of the cozy relationship between candidates and Super PACs. A Virginia campaign operative was convicted in February of this year. Tyler Harber was sentenced to two years in prison for illegal coordination between a campaign and a purportedly independent ally (read: Super Pac).
Harber admitted in court that he helped create a Super PAC and arranged for it to purchase $325,000 in ads to help the campaign of 2012 unsuccessful congressional candidate Chris Perkins.
“The opportunity to commit the crime (of campaign strategy coordination) has increased dramatically,” said U.S. Justice Department spokesperson Peter Carr. At the same time, however, he said, “Illegal coordination is difficult to detect.”
The Justice Department’s increasing presence in prosecuting such cases comes as complaints to the Federal Election Commission (FEC) have stalled. The FEC has failed to move ahead with coordination investigations since the 2010 Citizens United decision by the U.S. Supreme Court triggered an explosion of big money PACs. For state elections, the responsibility for investigation lies with the State Board of Ethics which was gutted by Bobby Jindal in 2008. So, in effect, there is little to no oversight over PACs in state elections.
This is yet another unseen consequence of the Citizens United decision which removed citizen participation in the political process and placed it in the hands of multi-national corporations, Wall Street, big pharma, big business, and big oil by allowing them to purchase the politicians of their choice.
On close examination, FEC regulations say that campaigns (candidates) may convey needs (as in contributions) to Super PACs. Those regulations are generally tracked by the State Board of Ethics. Operatives on both sides may communicate to each other directly so long as they do not discuss campaign strategy. A PAC may also confer with a campaign about “issue ads” featuring a candidate, prompting some legal experts to believe that a Super PAC could even share its entire paid media plan as long as no one on the candidate’s team responds.
Lee Goodman, a Republican appointee to the FEC, said the courts have said that friendships and knowledge between Super PAC and candidate cannot be prohibited. https://www.washingtonpost.com/politics/here-are-the-secret-ways-super-pacs-and-campaigns-can-work-together/2015/07/06/bda78210-1539-11e5-89f3-61410da94eb1_story.html
But where do you draw the line of separation between candidate and Super PAC?
FLF claims it has nothing to do with Vitter’s campaign and that “written confidentiality and firewall policies are in place to ensure that Fund for Louisiana’s Future will in no way coordinate its political communications or activities with any candidates, their committee or their agents.” http://dailykingfish.com/tag/fund-for-louisianas-future/
And yet, the address of Vitter’s campaign finance director and FLF are one and the same.
Where is the line of separation?
And Opensecrets.org shows that Vitter’s campaign has infused at least $890,000 into FLF. http://www.opensecrets.org/outsidespending/contrib_all.php?cycle=2014&type=A&cmte=C00541037&page=1
Where is the line of separation?
Likewise, Courtney Callihan, nee Guastella, made 25 contributions totaling $148,381 to FLF between March of 2013 and November of 2014. Guastella, Courtney
Where is the line of separation?
On Friday, the day before the primary election, Vitter and Callihan were involved in a minor traffic accident in Metairie. Callihan was driving and Vitter was the passenger when Callihan hit a second vehicle. Vitter was quickly transported from the scene by a campaign staff member. https://louisianavoice.com/2015/10/25/minor-auto-accident-could-further-undermine-vitter-bid-for-governor-federal-campaign-finance-law-violations-possible/
On the one hand, Vitter was riding with his campaign finance director. On the other, he was riding with the person who shares an address with FLF.
Where is the line of separation?
Does anyone really believe that Vitter never discusses campaign strategy with Callihan?
Likewise, does anyone believe that Callihan never consults with FLF on campaign strategy?
Where is the line of separation?
Where is the Louisiana Board of Ethics?
Where is the Attorney General’s Office?
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